In state tuition fee's - Arggghhhhh
Aug 26th 2008, 12:20 pm
#16
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Re: In state tuition fee's - Arggghhhhh
Actually it wasn't.. but she had a lot of work done on the car - all in her name.. she bought that paperwork too.. just to show them.
Aug 26th 2008, 12:28 pm
#17
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Re: In state tuition fee's - Arggghhhhh
My daughter did that LL.. brought everything.. Car registration docs the lot.. I think here its some like $25 a unit.. there abouts.. obviously higher as NR, something like $250 a unit! I'm leaving messages for the fella to call me back.. so far nowt..! If we have to pay, we have to pay., but i think we qualify as residents (in this case)..
Note the information says that one year and day in L-2 status does the trick! Bring in passport and I-94 and YOUR approval notice showing employer in California. Bring in YOUR W-2 form.
A lot of that information is actually aimed at people living OUTSIDE of California.
Also, remember that the Community Colleges are funded in large part by the STATE's collections of property tax. Even cranking in Prop 98 [who is that guy who promoted it? Arnold something or other, sounds German], if there is no budget, no funds to allocate. As you know the June 30, 2008 deadline for the current budget has gone and past with no budget in place.
Aug 26th 2008, 12:34 pm
#18
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Re: In state tuition fee's - Arggghhhhh
She has completed a whole semester at full cost.. since last August. So whats the Rule about 'a year and a day' ?? We have lived here longer than that. I'm completely confused with the tax forms - all i know is we filed as residents and paid our full quota of Californian taxes. They don't seem to be questioning anything else, just the taxes.. Mind you if we square that with them they may find something else...
Now don't take my word on this. When you file NR, it means that you don't live in the state. You've worked in the state and are subject to paying state taxes but the NR means that you don't live in CA. I remember filing a return for KS as I earned income in that state. However my primary residence was across the state line in MO. I filed a KS form as a non resident of the state for income earned in KS and paid the taxes in full. However MO reimbursed me for the taxes paid to the state of KS. Thus I got my tax refund. You might want to talk to your tax advisor about this. If you lived in CA a full tax year, you shouldn't have filed as a NR.
Aug 26th 2008, 12:34 pm
#19
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Re: In state tuition fee's - Arggghhhhh
My daughter did that LL.. brought everything.. Car registration docs the lot.. I think here its some like $25 a unit.. there abouts.. obviously higher as NR, something like $250 a unit! I'm leaving messages for the fella to call me back.. so far nowt..! If we have to pay, we have to pay., but i think we qualify as residents (in this case)..
Here's a link to proof of residency for CC's;
http://www.glendale.edu/AR/info/residency.htm
http://www.sjcc.edu/AdmissionsRecords/Residency.shtml
I would presume the residency requirements are the same for all CA colleges as it's a state mandate. Not sure exactly how long you guys have been here and what visas etc. But you sound like residents to me.
Aug 26th 2008, 12:37 pm
#20
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Re: In state tuition fee's - Arggghhhhh
That wouldn't have helped her case even if she paid for work on the car. She could have been in another state and paid for it. It doesn't establish credible residency. I was thinking of a way out of this but my solution has HUGE implications and should not be followed.
Aug 26th 2008, 12:40 pm
#21
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Re: In state tuition fee's - Arggghhhhh
Aug 26th 2008, 12:45 pm
#22
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Re: In state tuition fee's - Arggghhhhh
I told her to check with her tax advisor just to be sure. That in itself tells her that I may not know. However I've been a resident of more than one state at a time and had to go through the residency issue myself when applying to uni. CA may be different but not THAT different.
Aug 26th 2008, 1:11 pm
#23
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Re: In state tuition fee's - Arggghhhhh
I think I asked a similar question before - but can't find it, sorry..
Anyway, our daughter (L2) has been attending community College in California since August last year. We moved here on 18th July 2007. There are certain stimulations attached to qualifing for 'In State Tuition' -
The following statements regarding in-state tuition determination is a summary of the principal guidelines.
Under California law, a person who is married or 18 years of age, or older may establish residency if the person
Is a U.S citizen or is under an INS status that allows them to establish domicile.
Has lived in California continuously for at least one year and one day before the semester begins,and
Can prove that they intend to make California his/her permanent home with concurrent relinquishment of the prior legal residence.
Reference: Education Code Section 68018, 68061, 76140, Title 5 54020, 54022
The Permanent Resident Card holder and the following visa holders may establish domicile and may qualify for instate tuition one year after date of approval: A-1, A-2, A-3, E-1, E-2, G-1, G-2, G-3, G-4, H-1, H-4, I, K-1,K-2, K-3, K-4, L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O-1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3, T-4 and V-1, V-2, V-3.
Reference: Education Code Section 68062(h), (i); Title 5 54045, Regents of University of California v. Bradford
The following actions provide intent:
Filed California income Tax Form 540 as a resident. The completed tax form must be shown.
Certificate of employment, a formal letter from employer, or salary records
Registered to vote and voting in California
Ownership of residential property or occupancy of rented or leased property in California
License in California for professional practice
Possession of a California motor vehicle registration
Establish and maintain active bank accounts in California
Filed a lawsuit in California as a resident
Possession of a California driver's license or ID Card
Maintain California as your home of record while in the armed forces
Armed forces member, stationed on active duty in California
Military dependent of an armed forces’ member, stationed on active duty in California
They have denied us saying that we filed our taxes as 'Non- Residents'.. We filed the 540NR form.. "California Non Residents or Part Year resident Tax Return 2007" and also U.S. Individual income tax return (1040)... So basically they are saying we are are non-residents...
Can anyone help me understand this.. I am 100% certain they will not go back on there decision - it wouldn't fit in with PROCEDURE... Any ideas??
Anyway, our daughter (L2) has been attending community College in California since August last year. We moved here on 18th July 2007. There are certain stimulations attached to qualifing for 'In State Tuition' -
The following statements regarding in-state tuition determination is a summary of the principal guidelines.
Under California law, a person who is married or 18 years of age, or older may establish residency if the person
Is a U.S citizen or is under an INS status that allows them to establish domicile.
Has lived in California continuously for at least one year and one day before the semester begins,and
Can prove that they intend to make California his/her permanent home with concurrent relinquishment of the prior legal residence.
Reference: Education Code Section 68018, 68061, 76140, Title 5 54020, 54022
The Permanent Resident Card holder and the following visa holders may establish domicile and may qualify for instate tuition one year after date of approval: A-1, A-2, A-3, E-1, E-2, G-1, G-2, G-3, G-4, H-1, H-4, I, K-1,K-2, K-3, K-4, L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O-1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3, T-4 and V-1, V-2, V-3.
Reference: Education Code Section 68062(h), (i); Title 5 54045, Regents of University of California v. Bradford
The following actions provide intent:
Filed California income Tax Form 540 as a resident. The completed tax form must be shown.
Certificate of employment, a formal letter from employer, or salary records
Registered to vote and voting in California
Ownership of residential property or occupancy of rented or leased property in California
License in California for professional practice
Possession of a California motor vehicle registration
Establish and maintain active bank accounts in California
Filed a lawsuit in California as a resident
Possession of a California driver's license or ID Card
Maintain California as your home of record while in the armed forces
Armed forces member, stationed on active duty in California
Military dependent of an armed forces’ member, stationed on active duty in California
They have denied us saying that we filed our taxes as 'Non- Residents'.. We filed the 540NR form.. "California Non Residents or Part Year resident Tax Return 2007" and also U.S. Individual income tax return (1040)... So basically they are saying we are are non-residents...
Can anyone help me understand this.. I am 100% certain they will not go back on there decision - it wouldn't fit in with PROCEDURE... Any ideas??
A property rental agreement, lease or purchase agreement and/or utility bills in your name, that show this July 18, 2007 date or something similar to it, should be enough to support your residency claim.
A California-issued driver's license should also help. Car registration with a California address should also help.
If you didn't get these immediately upon moving here, then it might be difficult to support that specific date.
I assume that you filed a non-resident tax form because you didn't live in the state for at least six months during 2007. That should have no bearing on establishing your residency as of July 2007; you filed a form that was consistent with the date that you established residency, which was thirteen months ago. Using that as a reason to deny your request does not make any sense.
If the facts support you and the registrar does not, the answer is to go above her head. Find a supervisor; failing that, contact your local state representative and start complaining (nicely, of course.)
Aug 26th 2008, 1:30 pm
#24
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Re: In state tuition fee's - Arggghhhhh
Thanks all for your replies.. very much appreiciated.. just to clarify..
We are L visa holders.
We moved here 18th July 2007- have only ever lived in California.
Daughter started at CC in late August 2007.
We filed Taxes as Residents.. not Non- Residents.
We have already shown the college -
Visa's and I 94's (both my daughters and OH)
Tenancy agreement
Filed Tax forms for 2007/08
Daughters Californian Driving Licence.
A bill from AAA in my daughters name, with our address.
Maybe it comes down to the fact that we only filed for part of the year.. but we have shown other proof of being here longer than a year.
We are L visa holders.
We moved here 18th July 2007- have only ever lived in California.
Daughter started at CC in late August 2007.
We filed Taxes as Residents.. not Non- Residents.
We have already shown the college -
Visa's and I 94's (both my daughters and OH)
Tenancy agreement
Filed Tax forms for 2007/08
Daughters Californian Driving Licence.
A bill from AAA in my daughters name, with our address.
Maybe it comes down to the fact that we only filed for part of the year.. but we have shown other proof of being here longer than a year.
Aug 26th 2008, 1:44 pm
#25
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Posts: 4,186
Re: In state tuition fee's - Arggghhhhh
Thanks all for your replies.. very much appreiciated.. just to clarify..
We are L visa holders.
We moved here 18th July 2007- have only ever lived in California.
Daughter started at CC in late August 2007.
We filed Taxes as Residents.. not Non- Residents.
We have already shown the college -
Visa's and I 94's (both my daughters and OH)
Tenancy agreement
Filed Tax forms for 2007/08
Daughters Californian Driving Licence.
A bill from AAA in my daughters name, with our address.
Maybe it comes down to the fact that we only filed for part of the year.. but we have shown other proof of being here longer than a year.
We are L visa holders.
We moved here 18th July 2007- have only ever lived in California.
Daughter started at CC in late August 2007.
We filed Taxes as Residents.. not Non- Residents.
We have already shown the college -
Visa's and I 94's (both my daughters and OH)
Tenancy agreement
Filed Tax forms for 2007/08
Daughters Californian Driving Licence.
A bill from AAA in my daughters name, with our address.
Maybe it comes down to the fact that we only filed for part of the year.. but we have shown other proof of being here longer than a year.
Since the state apparently allows residency to L visa holders (per your cut and paste), that status shouldn't be a barrier to you.
Aug 26th 2008, 1:48 pm
#26
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Re: In state tuition fee's - Arggghhhhh
What was the first date of tenancy of the rental and the date of issuance of the driver license? I would think that those dates would be the easiest ones to use as a start date to determine residency, along with the dates that you established utility service.
Since the state apparently allows residency to L visa holders (per your cut and paste), that status shouldn't be a barrier to you.
Since the state apparently allows residency to L visa holders (per your cut and paste), that status shouldn't be a barrier to you.
Oh we didn't get our licences until October 2007 .. oops!
Aug 26th 2008, 1:57 pm
#27
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Re: In state tuition fee's - Arggghhhhh
They mucked it up badly. Just keep bugging them until they give you a refund.
Aug 26th 2008, 2:11 pm
#28
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Re: In state tuition fee's - Arggghhhhh
I told her to check with her tax advisor just to be sure. That in itself tells her that I may not know. However I've been a resident of more than one state at a time and had to go through the residency issue myself when applying to uni. CA may be different but not THAT different.
As I mentioned in a prior post, UC interprets the same statutes differently from the people who preside over CSU and the Community Colleges.
Aug 26th 2008, 2:19 pm
#29
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Re: In state tuition fee's - Arggghhhhh
Thanks Doris... Its a community college.. and she has attended there since last August.
So are you saying because we didn't file for the WHOLE year we are non-residents.. HR Block said we filed as residents. To be honest I think its splitting hairs, and I guess we'll have to suck it up.. I'm waiting to call the college back at 4.30pm to see what they say.
So are you saying because we didn't file for the WHOLE year we are non-residents.. HR Block said we filed as residents. To be honest I think its splitting hairs, and I guess we'll have to suck it up.. I'm waiting to call the college back at 4.30pm to see what they say.
But....we have just had an issue with my daughter's college. Unbeknown to us, when she got her GC and SS# the idiot in the financial aid office opened a new student file for her, with a new student ID.
Generally everyone at her college has been very helpful throughout but this guy has been difficult from the word go.
At one point he wouldn't accept her GC as proof of immigration status!
Because he had opened this new file no-one could find her records. She had been offered a job on campus but couldn't take it without some of the details on her file.
It was really a mess and this man just wouldn't address the issue and hasn't responded to any of my emails or phone calls.
I went right above him to the Director of Financial Aid who sorted it all out.
So, if I were you I would find someone with more authority and start again. Sometimes people don't see that they might be wrong and therefore won't help you put things right.
Aug 26th 2008, 3:45 pm
#30
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Posts: 4,186
Re: In state tuition fee's - Arggghhhhh
Technically speaking, you should have obtained your licenses sooner for the sake of making DMV happy, but regardless, the license supports your story of being a resident of the state.
Doris appears to be right, it sounds as if you are dealing with the village idiot who doesn't understand or want to understand the rules, as it would appear from your description that you do qualify for residency as of July 2008. Generally speaking, the best way to deal with bureaucrats is to either find a better bureaucrat (they aren't all bad), or to go above their heads.
